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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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Me v's Capital One :o)


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Opps forgot to put letter in

 

Dear

 

I am in receipt of your letter of (date) and note its contents.

 

With regard to your offer of £176 I am prepared to accept this amount in partial payment of my claim but take note that I intend to pursue my claim for the remainder.

 

If it becomes necessary to commence legal proceedings then my claim at that time will include interest pursuant to statute and court costs.

 

I look forward to your reply.

 

Yours

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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I am being harrassed to death (well almost) by Capital One as well as MBNA and had some freak on today from Capital saying that they can phone as much as they like and that the calls will continue until I pay off my arrears. I informed him of the law by which time he started calling me "Pal" I said he was no Pal of mine and "how dare he suggest he was". Anyway, the point is this ... these credit card companies seem to be blatantly breaking the laws with regards to harrassment all of the time and I wonder if anyone in the forum has ever taken legal action for this?

Best wishes

Bob

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Hi All, I've just been reading through this thread and am totally appalled at the way Crap 1 are. I did have a problem with calls but Robert Udy put a stop to them when I insinuated I could go off my head and had had to sit in our tack room waiting until my husband came home from work as the calls were distressing me so much. So the calls have stopped so they can stop them with immediate effect. Good luck all...... T

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Thinking more about it.... The staff of Crap 1 are one very strange bunch! How have they been brought up to deliberately go out of their way to cause fellow human being so much stress. Do they use bods in prison or something who have serious anger problems and we are used to destress them? I don't mean to be personal but I realy do find the attitude extraordinary............. T

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Are the people who call you on commision for collecting arrears payment!? I always assumed they were and that was the reason for there attitude?

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 2 weeks later...

Hi Mike

I have written to somebody called Katherine Blunt. I understand she is something called a Legal Compliance Specialist and she can be contacted at:

Capital One Bank (Europe) Ltd

Trent House

Station Road

Nottingham NG2 3HX

 

I wrote to her and sent the letter by "recorded delivery" on 10th August but have so far not had a reply.

 

Regards

Bob

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  • 2 weeks later...

Just got my letter through saying that their first offer of the difference of the £12 thing is their final offer, and are offering it again.

 

Just thinking, they have made full payouts to several people, with proof from this forum.

 

So how can they get away not doing this with everyone? I alreadly kinda know the answer, they wait until people ahve filled the court stuff to see if they are serious.

 

Think I might send the next letter, and add a question about why are they paying some people back in fulland not others, is this not blatent discrimination??? ;)

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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I ahve read and reread about the interest being added only at court claim, but in the library letter fro LBA it says to insert the amount of interest :-s

 

So a bit confused if I should add the amount in there or not...

 

Any help out there would be fantastic :D

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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hi there - the interest on the LBA applies to bank charges rather than credit card ones.

 

For a credit card you can request the refund of over limit charges, late payment fees and any charges if a DD has bounced and they then charge you.

 

Add the 8% using the spreadsheet when you get to the court claim.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Cool - thanks :)

 

So I just take out the bit in the letter from the library saying 'and interest at £xxx'

 

Even thoguh at present I am paying off £50 a month I am still getting over limit charges and late payment charges...

 

Been a long fight, but am getting there, got an initital offer that turning down - so we will see :-s

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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hi there - the interest on the LBA applies to bank charges rather than credit card ones.

 

Sorry but this is completely incorrect.

 

On your prelim and LBA letters you can claim the interest levied to your account which is directly applicable to charges (work this out using the advanced spreadsheet).

 

Only when you file a court claim can you add on the 8% interest.

 

(Unless you decide to claim contractual interest instead of 8% interest)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Ahhhh....so there are 2 different kinds of interest that is added?

 

I so want to get this right!!

 

I am also wanting to add more to the LBA somthing like below but I don't want to do the wrong thing!

 

'I would also like to request an explanation of why you are repaying some of your customers and not others. As I am sure you are aware details of claims against you are available on the internet and details of when you made payments for these. It seems that you are discriminating against some customers and I would like to know the reasoning behind this. I would have thought that you would have had to deal with all customers equally and not pick and choose when you are going to repay.

 

At present I have been making regular monthly payments by DD of £50 but I am still being charged late payment and over limit charges and that added to the interest makes it totally pointless me making these repayments. I would like some sort of reassurance that my effort to make regular payments will be noted on the account.'

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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Jsut sen in the FAQ (missed it before!) about the 0.00022 X the amount of your claim so that is the figure to use for the LBA intrest?

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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(ok bad manners to do 3 posts of myself here I know)

 

But another question and then thats me - I want to put at the beginning of the LBA the following

 

'In response to your letter dated 25th August 2006 I will accept the refund offered of £168 as partial payment of my claim'

 

The launch into the regualr LBA?

 

btw I ahve sent the prelim letter :o)

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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Really sorry - am probably being a bit dim here then...

 

In the LBA in the library the line is

 

'I calculate that you have taken £XXXXX. plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX

 

So what do I use to work out the interest for this LBA - or is it worng in the library that bits in it?

 

*very confused but very glad to have the help*

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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'I calculate that you have taken £XXXXX. plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX

 

So what do I use to work out the interest for this LBA - or is it worng in the library that bits in it?

 

On your prelim and LBA letters you can claim the interest levied to your account which is directly applicable to charges (work this out using the advanced spreadsheet).

 

..

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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opps was being thick then ;)

 

Cheers :D

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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OK spent an hour reading spreadsheet stuff and asking husband to help but am totally lost now - am thinking of jsut not claiming it as I really have no idea about half of the excel sheet. I am generaly good with computer stuff but jstu hit a wall :s

 

I get the statement date and only putting in a single charge for each statemnt, ok with how much charge, balance etc, but don't know how I work out the interest for that date :s

 

If anyone could help me with this on here, or via private message would be great :D

 

Hate feling like I can't do stuff that others seems to be clear on!

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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The spreadsheet works it out for you - you just type in the charges and the interest you were charged in that particular month, as it shows on your statement, then the spreadsheet calculates how much of that interest is related to the charges.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I officially give up - jsut tried again usung the spread sheet, and the capital one statments jsut don't seem to fit in with the colums :(

 

Just gonna do without the interest, can't waste anymore time trying to work it out making me feel to stupid and cross :'(

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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OK hogging threads now ;)

 

Will keep to this one for update!

 

Got letter on 25th Aug replying to the prelim letter offering the same £168 back to me - jsut got LBA done to post.

 

Add the follwoing onto the bottom - should be interesting to see if they bother replying it too

 

'I would also like to request an explanation of why you are repaying some of your customers and not others. As I am sure you are aware details of claims against you are available on the internet and details of at what stage you made payments for these. It seems that you are discriminating against some customers and I would like to know the reasoning behind this. I would have thought that you would have had to deal with all customers equally and not pick and choose when you are going to repay, and when.

 

At present I have been making regular monthly payments by DD of £50 but I am still being charged late payment and over limit charges and that added to the interest makes it totally pointless me making these repayments. I would like some sort of reassurance that my effort to make regular payments will be noted on the account.'

 

Thanks again for all the help people :D

CAPITAL ONE Amount owed £480+ interest £52.95

Prelim 10th July 06

Reply with £12 difference offer of £168 27 July 06 Replied 9th Aug 06

Another reply from them 25th Aug 06 LBA sent 9 Sept 06

Reply of last offer for £168 received 28th Sept

Finally filed court papers 4 July 2007

 

NATIONWIDE Amount owed £507 + interest £27.98 WON :D

Prelim sent 9 Sept 06 LBA sent 9th Oct 06 Court papers filed 20 Oct 06 Won 15 Nov 06

 

BANK OF SCOTLAND Amount owed £275 SETTLED IN FULL

Prelim sent 14 Oct 06 Offered half refund 28th Oct 06

Sent letter refusing part payemnt 31 Oct 06

Full refund sent in a cheque from BOS on 3rd Nov 06

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To be honest it is not normally a huge amount, so if it is going to cause you a lot of hassle then perhaps best leave it :-)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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